ROCKAWAY — A Rockaway Township man has filed a lawsuit accusing a township councilman of a conflict of interest because he performs towing services for the township.

Tucker Kelley’s lawsuit, filed in Superior Court in Morristown this week, seeks a judgment ordering Stephen Antonelli to either resign from the council or quit towing for the township.

The suit also names Rockaway Township and Township Clerk Susan Best as defendants. It accuses them of violating the state’s Open Public Records Act for failing to give him receipts from Antonelli’s company, Marcella Auto Repair.

Tucker’s suit says Antonelli’s company is “on call” every third week to perform towing work for the township.

The suit accuses Antonelli of a second conflict because he also votes on salaries for members of the police department, who call him for towing jobs.

Antonelli said he hasn’t seen the suit, but denied there is any conflict. He pointed out that Township Attorney Edward Buzak has issued an opinion declaring he has no conflict.

Antonelli acknowledged getting calls from township police for towing jobs, but said he bills customers directly and gets no money from the township. Antonelli said he has no contract with the township and that’s why the township clerk couldn’t give Kelley any receipts.

Kelley’s attorney, Walter Luers, acknowledged that Buzak issued the opinion, but said he disagrees with it and that’s why the case is now in court.

Luers cited a section of the opinion issued by Buzak in 2008 in which the attorney said that under the township’s towing ordinance, Antonelli “is not benefitted to any greater extent than any other towing operator” working for the township.

However, Luers said, because Antonelli is a councilman, the police -- whose salaries are decided by the council – “are not going to treat him the same as anyone else,” Luers said.

“Of course, the police are going to deny that,” Luers said. A spokesman for the Rockaway Township Police Department was not immediately available today for comment on the issue.

Best said she hasn’t seen the suit and can’t comment on it. Buzak was unavailable for comment today. An employee at his law firm said he recently experienced a death in his family and was out of the office.

Antonelli said that Kelley – who frequently feuds with township officials – has filed more than 250 OPRA requests over the years, costing the township more than a half-million dollars.

“He doesn’t care if he wins or loses, just as long as he aggravates someone and costs them money and time,” Antonelli said.

Kelley said he’s not sure how many OPRA requests he has filed over the years, but pointed out: “Unfortunately, it’s our only way of getting information from the township. If there were more transparency, we would have no issues.”

Although he will gain no personal benefits from the lawsuit, “It bothers me that there’s always these perks elected officials get,” Kelley said. “It’s wrong.”